Rule H: Shoreland Development

1. Policy.

It is the policy of the Board of Managers to promote the adoption of local shoreland ordinances based on Department of Natural Resources regulations.

2. Regulation.

In those cities which have not adopted state-approved shoreland ordinances, the District requires a permit for development, grading or filling within the shoreland zone of public waters lakes and streams.

3. Criteria.

A permit applicant for development, grading or filling within the shoreland zone of public waters lakes and streams must comply with the following setback criteria.

• (a) Structure Setback Criteria. The placement of structures on lots is controlled in accordance with the class of public waters as follows:
  • (1) For natural environment waters, at least 200 feet from the OHW for lots not served by public sewer and at least 150 feet from the OHW for lots served by public sewer.
  • (2) For recreational development waters, at least 100 feet from the OHW for lots not served by public sewer and at least seventy-five feet from the OHW for lots served by public sewer.
  • (3) For general development waters, at least seventy-five feet from the OHW for lots not served by public sewer and at least fifty feet from the OHW for lots served by public sewer.
• (b) Sanitary Facilities Setback Criteria. Septic tank and soil absorption systems must be set back from the OHW in accordance with the class of public waters as follows:
  • (1) For natural environment waters, at least 150 feet.
  • (2) For recreational development waters, at least seventy-five feet.
  • (3) For general development waters, at least fifty feet.

Soil absorption systems will not be allowed in the following areas:

• (1) Low swampy areas or areas subject to recurrent flooding.
• (2) Where the highest known groundwater table, bedrock, or impervious soil conditions are within four feet of the bottom of the system.
• (3) Where ground slope creates a danger of seepage of the effluent on the surface of the ground.

4. Required Exhibits.

The following exhibits must accompany the permit application. One set, full size; two sets, reduced to maximum size of 11”x17”.

• (a) Site plan showing building setback from the ordinary high water elevation.
• (b) Erosion Control Plan.

5. Exceptions.

The requirements of Section 3 and of paragraph (a) of Section 4 above will not apply to boathouses provided they are not used for habitation, and do not contain sanitary facilities.